Frequently asked questions about postal licensing

1. What is a licence under the Postal Act (PostG)?

A licence under the PostG is the authorisation given by a public authority to convey letter-post items for others on a commercial basis that do not exceed 1,000 g.

2. Who is required to have a licence?

Anyone conveying letter-post items for others on a commercial basis with an individual weight not exceeding 1,000 g is required to have a licence (section5(1) PostG).

Anyone who is employed by the licensed operator only as a subcontractor is not required to have their own licence (section 5(2) para 1 PostG).

If a letter is merely enclosed in a parcel and the letter relates solely to the content of the parcel (invoice, accompanying letter), then a licence for conveyance is likewise not required (section 5(2) para 2 PostG).

In addition, anyone who conveys letters as a courier is not required to have a licence.
A courier is anyone who delivers individual documented letters directly from the sender to the addressee and has access to the individual item at all times in the event of short-notice instructions from the sender or addressee (section 5(2) para 3 PostG).

3. What happens if I convey postal items that are subject to licence without having a licence?

Anyone conveying postal items that are subject to licence without being in possession of a licence can be fined up to €500,000 (section 49(1) para 1 PostG).

4. Do I need a licence to convey parcel post for others?

No, anyone interested in conveying parcels just has to notify the Bundesnetzagentur in accordance with section 36 PostG.

5. How do I apply for a licence?

Please complete the Licence application and submit it by mail.

6. Which requirements must be met?

A postal licence is issued when the applicant (the person authorised to represent the commercial company) is reliable and possesses the necessary technical expertise and adequate operating equipment for conveying parcels. Applicants must submit documentation and evidence to the Bundesnetzagentur so that it can be determined whether these three requirements have been met. If the documentation and evidence are insufficient for completing a review of the application, the Bundesnetzagentur can conduct a review on the company's premises.

7. Which evidence and documents must be submitted?

The application process includes submitting the following:

a detailed depiction of the business model
proof of registration of the business
a commercial register extract
an entry from the debtor directory
a declaration that the person submitting the application is not currently under criminal investigation
a detailed description of how, in the view of the applicant, requirements for capability, reliability and technical expertise have been met
a certificate of conduct (section 30(5) Federal Central Register Act)
up-to-date excerpt from the Central Trade and Industry Register (section 150 Trade Regulation Act) indicating that the business is in good standing.

8. What is meant by capability, reliability and technical expertise (section 6(3) sentence 2 PostG)?

Capability is ensuring the necessary means of production for conveying mail (eg the premises, furnishings, vehicles etc.).

Reliability is ensuring compliance with laws.

Technical expertise is ensuring that the applicant and his or her staff possess the knowledge (in particular legal and postal knowledge), experience and skills required for conveying mail.

9. What obligations arise from obtaining a licence?

Anyone providing postal services must do so in accordance with the Postal Act (PostG) and ordinances related to it while also maintaining compliance with European postal law. Here particular mention should be made of the conveyance of accepted mail items and adherence to the rules of postal secrecy and postal data protection.

Normally a licenced operator must also provide proper delivery according to the rules of the Code of Civil Procedure (sections 166 et seq of the Code of Civil Procedure). However, a licenced operator can submit a special request for exemption from the requirement to provide formal delivery. This request can be submitted together with the licence application.

10. Can a licence be revoked? If so, under what conditions?

The licence must be revoked as soon as one of the requirements for obtaining a licence (capability, reliability and technical expertise) is not being fulfilled on a lasting basis. By law this results in an entry in the Central Trade and Industry Register. However, the licence can also be returned voluntarily at any time to the Bundesnetzagentur (for example upon termination of operations).